SENTENCES AND SENTENCING Prof Dr Nirmal Kanti Chakrabarti

SENTENCES AND SENTENCING Prof. (Dr. ) Nirmal Kanti Chakrabarti

Characteristics of Crime �Jerom Hall’s extensive analysis has resulted description of seven(7) interrelated and overlapping characteristics of crime: � 1. Harm � 2. Outlawed � 3. Conduct � 4. Mens rea � 5. Fusion of mens rea and conduct � 6. Causal relation � 7. Punishment

Concept of Criminal Law �The characteristics that distinguish the criminal law from other set of laws regarding human conduct are; �Politicality �Specificity �Uniformity �Penal sanction

Conceptualizing Criminal Justice �Aim of the administration of criminal justice is that the guilty should be detected, convicted and duly sentenced. �Criminal justice administration concerns the procedures by which the substantive criminal laws are actually implemented.

Types of Criminal Justice System � 1. Inquisitorial System: In inquisitorial system an extensive investigation and interrogations carried out under control and supervision of Court to ensure that innocent person is not subjected to trial. The defendants has the burden of proving innocence. � 2. Adversarial System : Under adversarial system an accused is presumed not guilty and the prosecution is to prove beyond all reasonable doubt the guilt of the accused. This system presumes that the best way to get the truth is to have a “contest” between the prosecution and the defence.

Models of Criminal Justice Process �Herbert L. Packer: Two Models. A. Crime Control Model- that criminal conduct must be kept under tight control in order to preserve public order. B. Due Process Model- It protect an accused from coercive easily abused power of the state �John Griffith-Family Model- an offender would be treated as a person with respect and the role of the society is to perceive an crime occurrence as criminal deviance and reacting to it accordingly.

Constitutional Rights of Defendants �Art. 20. Protection in respect of conviction and punishment under an ex post facto criminal legislation. �Doctrine of Double Jeopardy �Right against self- incrimination �Art. 21. Protection of Life and Personal Liberty �Art. 22. Protection against arrest and detention

Role of Judges �Pre-arrest judicial role � Pre-trial judicial role �Judicial role at trial stage �Judicial role in sentencing decision: � (i) Why punish? How much to punish? �(ii) Justifying punishment �(iii) Sentencing discretion �(iv) Admonition and Probation

PLEABARGAINING �Sec. 265 A of Cr. P. C. - police Report u/s. 173 where punishment is not death penalty, imprisonment for life or exceeding 7 years �Not applicable where offence affects the socio-economic condition of the country or committed against a woman or A child below 14 years. � Guidelines u/s 265 C to L

Pre-sentence hearing �The Judge shall hear the accused on the question of sentence unless proceeds u/s 360. �Santa Singh v. State �Of Punjab �Plea-bargaining

Punishment �Death Sentence �Imprisonment �Fine �Confiscation of Property �Correction /Probation

Use of Discretion in Decision Making Process � Gathering information �Validating information �Taking risks �Screening options �Making decision – Deterrent, Preventive or Reformative

Correctional Administration & Rehabilitation �Admonition �Probation �Juvenile Justice �Correction in Prison

VICTIM JUSTICE �The word victim defined in Cr. P. C. (s. 2. wa) �Victim’s right to participate in the process �Special protections to rape victim �Victim’s right to get compensation �Victims right to appeal

Challenges to CJA �Hydra-headed justice system �Huge pending cases �Delay in justice process �Delay in getting Forensic Report �Sentencing disparity �Misuse of discretionary powers

Thank you